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SAN DIEGO (KGTV) -- A developer is going back to the drawing board after a downtown agency blasted its affordable housing proposal Wednesday. Pinnacle planned to build a 58-unit low-income apartment complex at the corner of 11th and B. It would be attached to a 32-story market rate residential tower. While the buildings would be attached, they would have separate doors, no interior connections, and few shared amenities.Civic San Diego's board of directors rebuked the developer Wednesday. "You want to put us somewhere else," board member Robert Robinson said. "Are we not good enough to get on the top floor and look out at the ocean? That's what the message is here."David Dick, an attorney representing Pinnacle, said that was a misrepresentation of the intent. "It has to do with the realities of construction, cost financing, management and ownership," he said. Dick added that Pinnacle should be lauded for its willingness to fund much-needed affordable housing downtown, as opposed to paying an in-lieu fee that could take years to yield any units. Civic San Diego's board told Pinnacle to come back with a different design. 1144

SAN DIEGO (KGTV) — A California woman is claiming officials with the United States Department of Homeland Security (DHS) treated her like an animal.Amanda Sams said Customs and Border Protection (CBP) officials failed to provide the medical care required to treat her serious medical needs while she was in their custody.In a lawsuit filed against the government, Sams and her civil attorneys claim, "This practice of DHS agents forcing arrestees and pretrial detainees to detox and withdraw from high amounts of alcohol and/or opiates in holding cells near the border, has happened with alarming frequency. Indeed, Ms. Sams is believed to be one of dozens of other individuals forced to endure these conditions in recent months."Sams Arrest and DetentionSams was arrested in January for charges related to bringing an undocumented immigrant in the United States illegally.According to court documents filed by the U.S. Attorney's Office, Customs and Border Protection officers found a person in a hidden compartment in the vehicle Sams was driving.Court records show after Sams was arrested, she told officers that she is an alcoholic and uses drugs.RELATED: Allegations people in the government's custody enduring unsafe conditionsAccording to her lawsuit, after spending the night in a holding cell at the border, Sams was transported to the Metropolitan Correction Center (MCC) in downtown San Diego. The lawsuit says officials at MCC rejected her due to her unstable medical condition.Her lawsuit alleges, "Rather than taking Ms. Sams to a hospital, as recommended by MCC officials and as (presumably) required by DHS policies and procedures, the CBP Defendants returned Ms. Sams to a DHS holding facility at or near the San Ysidro Port of Entry."Team 10 obtained four days of surveillance video from Sams' cell, an experience she described as one of the worst times of her life."When I first walked in, you could smell urine, and you could hear kids crying," Sams said. "You could hear people screaming. There was garbage in the corner."The video obtained by Team 10 shows her eating, sleeping, pacing, hyperventilating and vomiting."No human being should be treated like that," Sams said. "Like they are nothing. Like they are a nobody."Sams told 10News she was given only a solar blanket and a thin mat to sleep on.RELATED: Call for SD jail reform after former inmate's cheek was bitten by mentally ill inmateShe said she began to experience symptoms of withdrawal while in the cell."I was sick to my stomach," Sams recalled. "I had cold chills, then I'd get hot. I'd get cold. I'd have these sweats."Team 10 Investigator Adam Racusin asked Sams if she remembered the medical staff at the facility ever checking her vital signs."Nothing," Sams said.According to court documents: "For five days, she languished in a holding cell at the port of entry while enduring severe symptoms of alcohol withdrawal and detox without access to medical care. She was forced to sleep on the concrete floor of a cell for four nights with only a solar blanket to keep her warm from the cold. She was not allowed to change her clothing and denied access to basic hygiene, including a shower, toothbrush, toothpaste, soap, a water cup, or feminine hygiene products. She was never allowed to make a call or speak with legal counsel."RELATED: SD whistleblower reveals threat of gun reporting 'loophole' for mentally ill service membersSams attorney Trenton Lamere said the government breached its duty of care when they failed to provide minimally necessary services."Really minimum levels of care here that we would expect from a civilized society," Lamere said.According to Sams' lawsuit, "California law imposes a duty of care on law enforcement and custodial officers to protect the health and safety of pretrial detainees, which includes a duty to ensure pretrial detainees' serious medical risks and needs are properly evaluated and treated. Despite the objectively serious nature of the medical risks and needs Plaintiff was facing, and the CBP Defendants' subjective awareness of the same, the CBP Defendants breached their duty to protect Plaintiff's health and safety, by failing to provide the medical care required to evaluate and treat Plaintiffs' serious medical risks and needs while Plaintiff was in the custody, and under the supervision, of the government."Sams said she saw a judge five days after she was arrested.RELATED: Petition: DOD standards don’t translate into state mental health evaluation, treatment laws"When I asked for help, I really needed somebody's help," she said. "I feel that no one should have to feel that alone or go through something like that alone ever in their life."Sams' criminal attorney tried to get the case against her thrown out based on what she called outrageous conduct by the government. The judge in her criminal case did not agree.Sams' trial is scheduled for April 2020.Government ResponseA spokesperson for Customs and Border Protection said the agency can't comment on pending litigation.The U.S. Attorney's Office also didn’t comment on Sams' criminal case.However, in court documents, the government claims Sams indicated to her interrogators that she was not intoxicated and that she was not using drugs.Court documents say "The San Ysidro Port of Entry is not a hospital with doctors like API (Alvarado Parkway Institute). However, physicians assistants work at the San Ysidro Port of Entry for approximately 16-20 hours a day. The physician's assistants can render medical aid to detainees as necessary. There are also CBP Officers trained as Emergency Medical Responders and Emergency Medical Technicians who are able to provide medical attention while on duty at the port of entry."RELATED: Innovative open jail design changes San Diego inmate experienceThe government stated that records from Sams' detention at the San Ysidro Port of Entry show that officers conducted dozens of welfare checks, and at no point did CBP ever make the determination that she was in a state of medical emergency.They also claimed Sams indicated to a Customs and Border Protection Supervisory Officer that she wanted to go to Court and did not need medical attention.Team 10 investigator Adam Racusin asked Sams why at certain points she told officers she was not detoxing."So they'd take me out of there," she explained. "They'd take me to jail take me to another facility. I just wanted help."Other people going through withdrawalSams is not the only one making allegations of mistreatment in a border holding cell.Earlier this month 10News spoke to Jesus Centeno-Paredes from behind the walls of a detention facility just outside of San Diego.Centeno said he was arrested at the border then held for nearly three days in a potentially dangerous medical state. According to court documents, "Mr. Centeno was kept in a small cell where the lights were on the entire time. Mr. Centeno was not given a change of clothes during the nearly three days while he was at the Port of Entry. The cell where Mr. Centeno was held did not have a bed, and Mr. Centeno was given a thin foil blanket and a torn yoga mat to lie on. There was no soap, no toothbrush, and no hygiene products."Documents obtained by Team 10 allege others have gone through detox at the San Ysidro Land Port of Entry.Team 10 obtained what's known as the "No Body Active List" or "Federal Defender No Body Report."A No Body Active List from March of this year shows two additional people involuntarily detoxing from heroin were kept at the San Ysidro Port. Team 10 investigator Adam Racusin has also seen other No Body Active Lists from different dates showing other people marked as detoxing at the San Ysidro Port of Entry.Team 10 tried to get all No Body Active Lists from the start of this year, but so far, the U.S. Attorney's Office has not turned them over and said they aren't public documents. 7908

SAN DIEGO (KGTV) -- A driver was arrested after Border Patrol agents discovered nearly million in cash hidden in his SUV’s gas tank.On Aug. 5, at around 10:30 a.m., Border Patrol officials said agents spotted a suspicious Volkswagen Touareg on southbound Interstate 15 in Escondido and pulled the vehicle over.After a K-9 alerted agents to something in the SUV, agents questioned the 26-year-old driver. During a search of the vehicle, agents found 65 plastic-wrapped bundles of cash in the gas tank.According to officials, there was 7,460 in cash stuffed in the tank.The driver, a Mexican national, was arrested and turned over to Homeland Security “with pending criminal proceedings,” officials said.Agents seized the cash and SUV.In a news release, Chief Patrol Agent Aaron Heitke said, “The U.S. Border Patrol works tirelessly to protect the Homeland from transnational criminal organizations - the same criminal enterprises that poison our communities with narcotics and smuggle human beings like cargo. Seizing illicit gains from these criminal enterprises is one of the tactics the USBP uses to keep our country safe.” 1139

SAN DIEGO (KGTV) -- A former professional skateboarder convicted of raping and murdering a woman in Carlsbad nearly three decades ago is suitable for parole, a hearing panel at Donovan Correctional Facility determined Tuesday.The Board of Parole Hearings panel determined Mark “Gator” Rogowski is not an unreasonable risk to the community, setting him up for release despite objections from the victim’s father and the San Diego County District Attorney’s Office over a crime that stunned the region in the 1990s.“We think the decision did not take into account the grave public safety concerns posed by this inmate. We think he still poses a threat, especially to women,” said Supervising Deputy District Attorney Richard Sachs. “When someone does something as horrible as this, it shocks the conscience that they would be granted parole,” he added.A world champion skateboarder in the 1980s, Rogowski was convicted of beating Jessica Bergsten with a metal rod into semi-consciousness, raping her, wrapping her in a surfboard bag, and strangling her to death in a fit of rage that spanned three or more hours. Rogowski later buried her body in the desert.Bergsten was a friend of Rogowski's ex-girlfriend. He said he took out his rage from the break-up on Bergsten, a college student and part-time model, in a case of "misplaced revenge."“The pain never goes away,” the victim’s father Stephen Bergsten told the panel. “This inmate received a life sentence, but he imposed a death sentence upon Jessica and our family.”Commissioner Brian Roberts said the panel took several factors into consideration, including Rogowski’s remorse for the crime, lack of significant criminal history, good behavior in custody, and rehabilitation programs he has completed during his 27 years in prison.Roberts said the panel also put significant weight on a new law that gives added leniency to “youthful offenders” who commit crimes before the age of 26. The law, which took effect in 2018, is based on studies showing the impulse control architecture in the brain is not fully developed in most people until about age 25.“I’m disgusted with what I did. I think about it every day,” Rogowski told the board. “I took everything from that poor family. They have every right to be angry with me. I want to make it go away but I can’t.”The Board of Parole Hearings has 120 days to finalize the decision. After that, the case will go before the governor for review.“Unfortunately, justice wasn’t served today, but the governor will have a chance to look at this case and we hope he will,” Deputy DA Sachs said.Commissioner Roberts ordered Rogowski to live temporarily in transitional housing upon release. The 53-year-old inmate said his long term plan is to live with his brother. He said he already has a job offer to do paralegal or clerical work. 2838

SAN DIEGO (KGTV) - A gray whale spotted frolicking in shallow waters attracted dolphins and a crowd of swimmers and surfers in the ocean off Mission Beach Wednesday. Lifeguards got a call about the whale possible tangled in fishing line about noon, an official said. A lifeguard who swam toward the whale to investigate determined it was free.The gray whale was young, possibly a year and a half old, whale watcher and photographer Domenic Biagini told 10News. Gray whales are starting to migrate north from Mexico during the spring. There is a good chance San Diegans will see more mothers and juvenile whales closer to shore, Biagini says, because the shallow waters keep the whales safe from orcas. "It's some of the most exciting times for us as professional whale watchers to see these animals, but it's also when we see the most conflicts with these animals coming in with people," said Biagini.Sky10 was above the whale as a group of surfers and swimmers approached it near Mission Beach, coming close to the giant mammal.Biagini warns that can be extremely dangerous for humans and can also stress the animal."These gray whales, despite not being the largest of the great whales we see out here, they can still get 50 feet long and weigh up to 80,000 pounds, so you're talking very large animals. All it takes is one flick of the tail and you have a catastrophic accident. And moms are naturally protective of their young," said Biagini. The National Atmospheric and Oceanographic Administration adopted in 2011 new regulations under the Marine Mammal Protection Act and Endangered Species Act to encourage the public to ‘be whale wise.’ The NOAA guidelines include:DO NOT APPROACH or position your vessel closer than 200 yards to any killer whale in the U.S. DO NOT APPROACH or get closer than 100 yards to any other marine mammals or birds, whether on the water or on land.BE CAUTIOUS, COURTEOUS and QUIET when around areas of known or suspected marine wildlife activity, in the water or at haul-outs and bird colonies on land. Especially from May to September during breeding, nesting and seal pupping seasons.LOOK in all directions before planning your approach or departure from viewing wildlife.SLOW DOWN: reduce speed to less than 7 knots when within 400 yards of the nearest marine mammal and reduce your engine’s noise and vessel’s wake.ALWAYS approach and depart from the side, moving parallel to their direction of the animal’s travel. If the animal(s) are approaching you, cautiously move out of the way and avoid abrupt course changes. DO NOT approach from the front or from behind.IF your vessel is not in compliance with the 100 yards approach guideline (#1), place engine in neutral and allow animals to pass.PAY ATTENTION and move away, slowly and cautiously at the first sign of disturbance or agitation from any animal.STAY on the OFFSHORE side of the whales when traveling close to shore.ALWAYS avoid going through groups of porpoises or dolphins and hold course and reduce speed gradually to discourage bow or stern-riding.LIMIT your viewing time to 30 minutes or less. This will reduce the cumulative impact of all vessels and give consideration to other viewers.DO NOT disturb, swim with, move, feed or touch any marine wildlife. If you are concerned about a potentially sick, stranded animal, or entangled animal, contact your local stranding network. 3394

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